Sihler et al v. The Fulfillment Lab, Inc et al
ORDER Granting Motion To Lift Stay [ECF No. 99 ]. Signed by Judge Linda Lopez on 1/10/2022. (ddf)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
JANET SIHLER, individually and on
behalf of all others similarly situated;
CHARLENE BAVENCOFF, individually
and on behalf of all others similarly
Case No.: 20cv1528-LL-MSB
ORDER GRANTING MOTION TO
[ECF No. 99]
THE FULFILLMENT LAB, INC.;
BEYOND GLOBAL, INC.,
On November 1, 2021, the Court issued an order granting the parties’ joint motion
to stay this matter pending relief or clarification of the scope of the automatic stay imposed
by the bankruptcy court when Defendant Beyond Global, Inc. filed for Chapter 7
bankruptcy. ECF No. 98. On January 4, 2022, this case was transferred to the undersigned.
ECF No. 107.
Currently before the Court is Plaintiffs’ Notice of Termination of Bankruptcy Stay
and Motion to Lift Stay. ECF No. 99. Plaintiffs state that the bankruptcy of Defendant
Beyond Global, Inc. was closed on November 24, 2021, the automatic bankruptcy stay has
been terminated, and there is no longer a barrier to discovery proceeding in this action. Id.
at 2. Plaintiffs attached a copy of the docket for the bankruptcy case indicating that the case
has closed. ECF No. 99-1 at 4. On December 16, 2021, Defendant Beyond Global, Inc.
filed a notice that on November 24, 2021, the docket in the bankruptcy case indicated
“[t]he trustee has filed a Final Account and has certified that the estate, if any has been
fully administered.” ECF No. 104. at 1–2. Because the bankruptcy case has closed, the
Court finds it appropriate to GRANT Plaintiffs’ Motion to Lift the Stay and ORDERS the
The parties shall contact the magistrate judge within three days of the issuing
of this Order to address discovery deadlines.
In resetting any discovery deadlines, the magistrate judge shall vacate the
current scheduling order and set pretrial deadlines up to and including the deadline to file
the motion for class certification.
The January 18, 2022 motion hearing for the Motion to Vacate Stay shall be
IT IS SO ORDERED.
Dated: January 10, 2022
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